Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
COM 0066.068 2004-2006
Virginia Isbell Vice Chair District 7 - Central Kona Aloha. HAWAII COUNTY COUNCIL Phone No.: (808) 326-5684 Fax No.: (808) 329-4786 E -Mail: visbell&o.hawaii.him County of Hawai `i 75-5706 Hamma Place, Suite 109 Kailua-Kona, Hawai'i 96740 i N CD Transmittal TO: Nora Rosario Finance Committee Staff FROM: Jean Bevanmarquez Council Aide to Virginia Isbell RE: Testimony Attached is one copy of written, photographic and DVD testimony supplied by Dennis Shields in opposition to Communication 66.58. We do not have the capacity to reproduce the color photos and the DVD. Jeanie Comm. No. p Ref. To: Ref. Late Hawaii County Is An Equal Opportunity Provider And Employer PUBLIC STATEMENT REGISTRATION FORM COUNTY COUNCIL'S COMMITTEE MEETINGS COUNTY OF HAWAII HILO, HAWAII (Please print clearly) I/-�X-ask Date: Communication/Bill/Resolution/Report No.: Subject Matter: Name: Address: a< E> J, _ 1 5 N Support Oppose _ Comment Representing: C' / " ' ' I (Please indicate whether Self or Organization) Speaker No: Hilo _,>�VC-Kona l ( VC -Waimea 1 P ny;Lun; N� . H➢'C 'rlAWAII COUNTY POLICE Ct)114AIVf ;ti1t01�, Ililo 4.'ugoon Centre 101 Aupuni Street, Suile 313; Hilo, 111 Phone: 961-8412 Fax: X161-856 t_OMV.I,AINT OP Mj§§ ;UPUCT BROUGHT BY THE -PUBLIC �:'.,li«C'ouuril 4a;Rale Taint against the conductulthrpo{�eedey?�u1! fl " _n,hloyee��,;�1ottlbers) 'biKe �uty,or Acting littler idw o , of fuPlunit Ju; .lid dat" byi the eompluiPeliC under oath before a nut:u, iml iyyrd I -y th�e�':Q�rlltii i� y_rii'1115!°.f D',{{ui of the iocidenl, ruic must be io writing ceilh rui mplanution fur the �Icl�yy. ' r .,. t� /2 ltrneCl rlrreya,l•-�. �Pltf',adion :!r�:•-! !if unknown, give, budge iiumhcr, doscripuoa, etc _I,;rsS; eoi' plt�tilci,tn sran foa• iyt,jUrn�s.-- _--._._._.._..__. IPt::11E:)l1:1'11} �" W! -e nt elapstieation it as liste( *� A i3 alt W'4e s iorm, th,x, . ;ar,,: _. It {ertaiin:: to tier r!asytFicnt�t�lt� ...44' [,',20ing ColnpiwiJ 'A 1"fiscon(intJ Brought by the Public aiid licit:11- 1:�,cv dge, and under persalt; of pocjury, I lie statements herein arc I that the County. Charter cralyperinits the PPa eaii C01.111iy POIiCC 0aa;l u11i: and to report its findings to'the 'Chief of Police. In addition, I understand that the 1 not permitted to interfere in the adr-ninistrative affairs of the Police Department. :It iLmd that the rules of the Hawaii County Commission, ;is %vcii :is il�vld! hapi.cr 92F, also known as the Privacy Act. prohibit the L111,1t1*01 1/cJ 1, it 1, 1'! idr by the, Police Car mission, exccp( as perr.Iitu.a by a court or ff-.A' OF HAWAII )S r Tlt �dgllatuatur COUNTY OF HAWAII Subscribed and sworn lolc 11,, this: iSignature of Notary Pulhljc_';Iitl,101. Helen lvi. viLija tu Printed Name of Notary JANUARY 4, ZC3 My commission cxpires .... COMPLAINI'CLASSIFICKHONS Vtduut - Minlbt,,rs shall conduct their lives in a manner as to avoid bringing O)disj:tpole. of Duty - Members shall parforrnjtl%d(eid utles avequired by law, departmental n! ),,_0 :i xrTimand or supervisory officer. XlfihAl dutleilshall be performed promptly, x, io, of Laws, Written Orders, Polices - Members shall observe and obey all Feder of I !uv! ii , and all orders, policies, and regulations of the depaitinefiz J:y Griminal flet- Members she nocriminal act such as clarriaginq piopprty or threatening members IIY[n)Gryorarrest without )L.,,t :i-!,, -3f r1cccrd9 011ie r'! no .!�irs and employees t f tial: 1, lo-ss, or any impairment of physical polldition of anQther person jjr_n, )rF,jtion or Office, - Members shall riot usehelrifficial position with the department conduct non -police activities. 1c;3!wcnt of Peron in Police Custody -,Members shall not mistreat persons in policG sza of Intimidation In Legal Proceedings Members shall not use their official posjtionss ,;,nJatlng persons as witnesses or complainants in any,legal proceeding. Mcn)oern aro required to be truthful 01,4itl timeeiViriether under oath or not. '-cis Display and Discharge -Officers 4half, 6118play,0aw, or discharge firearms c� -,)rdcince with departmental policies. Atillirdo Mernberr, shall remain impartial to all persons coming to the ationticf, rl,I i,,: ortnc,Officers shall riot use any more physical force than is iw,;cct Owibeamig or oppre8sjyeoonduclsh�ilhot be practic0d 6hOer r UOr or duct Towards the Public - Members,s'li, If en, dealing voth gU Cit�� 11eir-nai nunibo, cotAeoustv. harsh, violent, profane, or insolent Ian L Complaint I, Dennis Shields; Sharon Shields; Nathaniel Shields; and Elijah Shields complain to the police department and the police commission for the following: That by not complying with the published police procedure regarding "investigations regarding the medical and religious use of marijuana," on September 15, 2006 at our Captain Cook residence OFFICER WAYNE T MITSUNAGA and eight members of the Hawaii Police Department violated, either individually, or in masse, the following complaint classification numbers. • #2 performance of duty • #3 obedience of laws, written orders, policies • #4 Commission of any criminal act • #8 Mistreatment of Person in police custody • #10 Truthfulness #12 Impartial attitude • #14 Overbearing Conduct • #15 Conduct toward the public • #1 Standard of Conduct I was present during county council meetings and public hearings specifically on these rules. One of these meetings was with the police chief, at a public hearing when the county council finally approved of these regulations where Chief Mahuna looked me in the eye and promised that my civil rights would not be violated. These rules covered the fact that the Department of Public Safety shall be consulted and that "If ...the person under investigation is currently registered or that the location where the marijuana is being grown is listed as a medical marijuana growing site, no warrant should be sought." Further, "The Affidavit for Search Warrant shall include that checks were conducted with the Department of Public Safety and the result of such checks." The search warrant produced on Sept. 15`h at my residence included no statement of any such check. The fact that I am a well known Cannabis activist and have stood trial for my religious beliefs here in Kona, during which cannabis usage as sacrament was mandated by the Church and was published in the newspaper serving the State, Federal, and County government's with effective notice of our religious legality. Violation classification detail 1. 42 performance of duty "Members shall perform their duties as required by law" Source: HAWAII POLICE DEPARTMENT RULES AND REGULATIONS GOVERNING INVESTIGATIONS INVOLVING THE MEDICAL AND RELIGIOUS USE OF MARIJUANA" Located at: [http://www.hawaiipolice.com/pdfDocsfMedicalMJRules.pdfl Says: "V. DETERMINING REGISTRATION STATUS Officers investigating a possession and/or cultivation of marijuana incident should ascertain as part of the investigation whether the person has a legal right to acquire, possess, cultivate, or use marijuana as described in Section 329-122 of the Hawaii Revised Statues as amended" A. 1. An officer may confirm the claim of possessing a registry identification certificate by a qualifying patient or primary caregiver by contacting the Department of Public Safety. The Department of Public Safety can be contacted by telephone, 24 hours a day, at (808) 837-8470" and "before making a ... warrantless search" A. 3. "If the identification of the person is not known, an officer shall check with the Department of Public Safety, to determine if the location is a registered medical marijuana growing site" "B. Search Warrants. Before seeking a search warrant, an officer shall check with the Department of Public Safety, by name and/or location, to determine whether the person under investigation has been issued a registry identification certificate." 1. If the Department of Public Safety indicates that the person under investigation is currently registered or that the location where marijuana is being grown is listed as a medical marijuana growing site, no warrant should be sought, unless evidence exists of conduct that would disqualify the person from the medical use of marijuana defense, or probable cause exists that another criminal offense has been or is being committed. 2. The Affidavit for Search Warrant shall include that checks were conducted with the Department of Public Safety and the result of such checks. C. "Marijuana Eradication. Officers participating in marijuana eradication missions shall be guided by the above procedures and the rules and regulations governing marijuana eradication operations and reconnaissance missions." By not following police procedure and conducting this home invasion without checking with the Dept of Public Safety the officers involved failed in the performance of their duty. 2. #3 obedience of laws, written orders, policies a. " Members shall observe and obey all Federal and State laws and Ordinances of the County of Hawaii" b. Because I am well known in Hawaii County as a member of a Church which uses Cannabis as a Sacrament, [see attached stipulation]. therefore, to stage the type of home invasion which we experienced not only violates the above reference to the published policies of the Hawaii police department, as published on their own web site, but also violates our First, Fourth, Fifth, Ninth, and Tenth Amendment rights of the Federal Constitution, as well as the Religious Freedom Restoration act of 1993 [see below] and the Religious Protection and Land Use act and the RIGHTS OF INDIVIDUALS [detailed from our state Constitution below in sections 2,4,6,and 7 of the State Constitution] Because members of my family are legally registered as medical users our right to "the enjoyment of life, liberty and the pursuit of happiness" and the spiritual component of healing and our inalienable rights to privacy, personal sovereignty, and religious freedom to practice our religion within the law may not be infringed as was perpetuated by Hawaii County Police Officers who storm trooped their way into our home on September 15, 2006. To be sneeringly called a "hippy" in my own home violated both State and Federal laws with regard to "ethnic" discrimination thus these officers did not obey these State Federal and County Laws, Written Orders and Policies. 3. #4 Commission of any criminal act "Members shall not commit any criminal act such as damaging or theft of private property." Officers either stole or destroyed one gram of Hashish [see affidavit of Nathaniel Shields] 4. #8 Mistreatment of Person in police custody After I had Identified myself as a legal Medical registered Cannabis user I was told that I "was not in control here" and that I was beginning to "piss me off' as said by Officer W. Mitsunaga [later identified via the video of the home invasion of John and Rhonda Robison who were latter paid $30,000 by the county of Hawaii for the misdeed of this and other officers] given at that point in time that I had identified myself as legal, such a direction from an armed, bulletproof vested, officer, constituted me being denied my liberty in my own home as I was in the act of getting my Medical Registry Card. Further after I had been checked out I was asked how long I had been a Hippy, which given the snickers of the other officers, was obviously intended to be degrading thus mistreating me while in custody. # 10 truthfulness "Members are required to be truthful at all times." By telling me that the plants needed to be individually labeled and that hashish was not allowed and given that this officer should have known better having participated in not only the home invasion of John and Rhonda Robison but in the resulting complaint process and the resulting lawsuit settled in the Robison's favor. Given the statement of Elijah D. Shields in the Star Bulletin article 9/16/06 the statements to me and my son were lies. [See copy of Star Bulletin article attached] 6. 412 Impartial attitude Calling me a hippy and lying about plant labeling and hashish reveled a partiality which was substantiated by the targeting of our son, Nathaniel, a few weeks later, by arresting him for medical use while letting go the thugs who assaulted him [this to be expanded on via the separate complaint of Nathaniel Shields along with his attached affidavit] #14 Overbearing Conduct "Overbearing or oppressive conduct shall not be practiced under color of authority." When a required phone call is not made regarding the legality of a Medical grow location; when my home is invaded by nine armed bulletproof vested officers in five vehicles, two of which were duel tire two ton stake bed trucks, which were oversized for this small coffee road farm community, the resulting damage caused the road to collapse and my truck to fall off the road the following day; to be the target of three separate low flying helicopter disturbances violates not only the peace, but common sense safe operating procedures in the direct vicinity of my home. One of these disturbances was to directly spy upon my home with a warrant less search. All such conduct is the practice of overbearing and oppressive conduct to an extreme. 8. #15 Conduct toward the public "Members shall be courteous when dealing with the public. They shall avoid.... insolent language. They shall furnish their name and badge number courteously." I was ignored when requesting the lead officer's name and my son was flatly refused it. Only the officer who had been to my home in 1994 identified himself. It was insolent to ask how long I had been a hippy. Further, when my son Elijah, encountered this officer, my son felt threatened by the lie that his card was expired and that they were going to go back and take everything, this turned out to be an insolent prank. 9. #1 Standard of Conduct "Members shall conduct their lives in a manner as to avoid bringing themselves or the department into disrepute." The department was brought into disrepute in the home invasion of Medical Cannabis users John and Rhonda Robison to the extent of a $30,000 pay out from the taxpayers of Hawaii County. To repeat the same mistake of home invasion after this settlement, brings distrust and is a display of the level of poor performance of training these officers receive with regard to rights, laws and policies. Summary Of Incident Our home was invaded by a convoy of five vehicles, containing nine Hawaii County Police officers on September 15, 2006. Prior to this incident and directly related to it were three warrant -less searches via helicopter over our private home and farm land. March 14, 2006 A DLNR eradication helicopter landed less than 500 feet from our house at 12:02pm after flying over my house and water tanks at less than 500 feet, dangling the herbicide rig which hangs 100 feet below the helicopter. Past incidents have revealed that this herbicide rig has leaked, leaving swaths of dead vegetation through the forest. I felt terrorized having it over my roof and drinking water. I called Kona police who informed me it was DLNR [Department of Land and Natural Resources]. I called DLNR and the FAA to complain. I received a call from an FAA official around 5 pm. His first statement to me was that this was a helicopter on assignment to retrieve abandoned net and other marine debris from humpback whales. He retreated from this position when I informed him that I live at 2300 feet above sea level and the fact that the helicopter had this poison rig slung from its belly. What he said next astounded me even further. If a government contract is involved, the FAA can't enforce flying rules designed to protect the citizenry. Where a private helicopter would be subject to sanctions, if a government contract is involved WE [the people] are unprotected from these DLNR. He also said he gets about 15 complaints per eradication mission. He said that had they actually landed in my yard, as apposed to near my house in the pasture next door, there was nothing the FAA could do about it. March 15, 2006 In the morning I received a call from DLNR. After listening to my complaint, particularly my feeling terrorized with this helicopter directly above my home, dangling its herbicide rig over my farm land and my neighbors farm land and catchment systems and water tanks; I was told that this would never happen again specifically at my home and I was given an apology. I requested an apology from the pilot. I was told that was pending the interview of the pilot. July 13, 2006 A DLNR helicopter lands 3 times, 300 or so feet from the house [see attached photos and explanations]. One of these photographs which shows our gutter and roof as well as the helicopter less than one hundred feet above our house. It was trailing a weighted rope line through the tree tops and over our house. Ohia trees on the ranch next door are sixty feet and taller, to be trailing a rope which could become entangled in the tree tops is reckless and endangered the families in their houses nearby. September 10`h or I lth, 2006 My son and I hear a helicopter directly overhead. We observed what appeared to be photographic equipment in a military style helicopter, circling our house. It went over houses at a lower elevation for a very short time then it came back, buzzed my house one more time before leaving. September 15, 2006 About 3PM I hear large vehicles coming up our one lane unpaved farm road. I notice they are marked POLICE. As I am up stairs on the porch, I hear someone shouting hello. I look out in my driveway and there are nine cops, five vehicles, including two, 2 -ton stake bed trucks. Each cop was attired with a bulletproof vest and a side arm with no visible badge or identification. When my son asked them to identify themselves, the reply was that their attire with its HPD logo served as identification. The lead officer, Wayne T. Mitsunaga [he never did introduce himself but did most of the talking] informed me that he had a warrant to search the place. I asked how they got the warrant and he said it was from helicopter over flights identifying Cannabis on my lanai. G9 He said that they knew where they were going by my name on the log at the end of the driveway; however, the warrant did not mention my name only generic instructions of how to get here, [see attached copy of the warrant]. The house next door less than 150 feet from mine fits the description of our home, yet by coming to my home this indicated that they knew where they were coming prior to their arrival. I informed him that we were legal and that there were four registered medical Cannabis card holders at this location. He demanded to see all four cards as I was showing him the 24 plants that we had. This included the 8 mature [less than the 12 allowed] and the 16 vegetative plants for a total of 24 plants, 4 plants below what we are allowed. In reply to his demand to see the cards, I told him that it says right on the card that it is illegal to copy them, and weren't they supposed to call and check the registry before they came. I asked him if he knew the number that they were suppose to call to verify card holders. I began to get my card in response to his request, at which point he told me that I was "not in charge here"' [my own home] and that I was "beginning to piss him off'. I replied that I had no intention of doing anything other than cooperating with him. He said that I seemed to be upset. I replied that having all them here was naturally disturbing. I asked his permission to enter my own kitchen to retrieve my wallet so that I could show him my card. About this time my eldest son Nathaniel, 29, arrived with his card and again I asked why they had not called the registry number [as they should have before wasting all these resources on this home invasion]. I told him although I did not have the other cards I certainly could give him the names of the card holders so that he could check it out. I was told to contact the other card holders. At this point I asked to call my wife so that she could present her card. I had to leave a message on her cell. I then called my middle son Elijah, 25, to ask him to get here to show his card. He was stuck in 5mph, Friday afternoon traffic and was 45 minutes away. At this time I explained to the lead officer that not only was I covered medically but that I was protected religiously. He said but "that is not a law." I replied that oh yes it was it is the First Amendment and State case law referred to as State V Blake and the Religious Freedom Restoration Act, I informed him that I fulfill the requirements of that law. I told him that I had recently talked to the prosecuting attorney on my case [who is currently still a DA here in Kona], who informs me that since our church has mandated the use of Cannabis Sacramentally, that now I have greater Religious rights than I do medical rights in the State of Hawaii. Further I told him I was personally invited by the Governors office for the signing of the Medical Pot law. I informed him that I do not sell I do not distribute, I only have this for myself and my family and please just leave me alone. I then showed him my Religion of Jesus Church Card that I had shown in the first home invasion by Hawaii Police in 1994. 1 directed him to read the back and observed him doing so. The back of our church card reads as follows: "I am a child of God, endowed with personal and inalienable rights and powers revealed by the Declaration of Independence and secured by the Constitution. "The first Amendment and the Religious Freedom Restoration act of 1993 empower the people To Establish Religion and exercise it freely. "As an officer of the law you have the right not to arrest, burden or interfere with my religious use of Cannabis because you have sworn to uphold the US Constitution" After coming back from my plant porch once again, the lead officer began to tell me that the plants needed to be individually labeled with the registered patient's name [this is a lie and my friends John and Ronda were paid 30k for the cops arresting them over this lie last time the cops tried to intimidate patients in Kona, this should have been known by these officers, some of whom had participated in that shameful and costly debacle] About this time four other officers followed my son down to his house, the other house on the property about 500 feet away. Shortly thereafter my wife called back to tell me the location of her expired card as her current one was with her; As I sat outside our kitchen, I asked the officers that were watching me if I could go look for her card. I was told to wait, that that would probably not be necessary. As I sat alone with the remaining officers, one of whom was the officer who in 1994 took me into custody for the RFRA case, he was the only one to identify himself when asked. His comment to me was "you have really fixed the place up." About this time they came back from the lower house and informed me that we can't have bubble hash bags to make hash. When I was able to talk to him about this portion of the home invasion several days later, he told me that the officers forced him to dismantle his hash bag filtration system and they took a chunk of freshly made hashish between 1 and 2 grams in size. Shortly after they returned from our house below, I asked if we were ok here and after going on about the plant labeling and the hashish, they said we were legal. About this time the lead officer asked how long I have been in Hawaii. I replied since 1971. He asked, "Dennis, have you always been a hippie?" Because I recognized this use of the word hippie as a pejorative, I responded, that I have always been a long hair. Their responding laughter felt demeaning. He then said in leaving that some folks were taking illegal advantage of the medical pot law. I told him I don't sell or distribute Church Sacrament. His response was once again, to tell me that I had to individually label the plants with each patients name and get rid of the hash bags. They left. On their way down they encountered our son, Elijah, who had fought his way through traffic and about a half a mile down our one lane coffee road he had to pull off the road to let all five vehicles pass. He stuck his blue registry card out the window, got some sarcastic comments from the vehicles that passed. The fifth and last vehicle stopped with the lead officer in it. He examined Elijah's medical card and with a dead pan expression told him that it was expired and that they were all going to have to go back now. As the card he handed them has a 2007 expiration date he got flustered began to protest 'noway' and they then said they 'were only joking' They returned the card to him. Given the forgoing invasive experience, my family failed to see the humor of what felt like terroristic threatening by law enforcement. I believe the lead officer is OFFICER WAYNE T MITSUNAGA because of him being the authorizing officer instrumental in arresting Nathaniel Shields on October 18`h rather than the thugs who attempted to beat him up as he was returning to work from his car this will be the subject of a second and later complaint. In Summary: In the war movies of the 1940's and 50"s one could always identify the fascist bad guys as they were the ones who were asking the good guys "may I see your papers, please". On Sept. 15`h the bad guys, these American Drug Gulag want-to-be's, who wore the insignia of the Hawaii Police Department, invaded the sanctity of our home and Sacred Church ground because God Given and LEGAL medicinal Cannabis Sacrament was being tended in the privacy of our home. They demanded to see our papers and subjected our family members to harassment, stole our time, stole hashish, created stress and anxious moments in folks who all have a documented need for the medicinal benefits of Cannabis and have suffered as a result of these heavy handed and illegal drug war tactics. A search warrant was fraudulently obtained and was only gotten as a result of the domestic spying on our home and farm via expensive, `unreasonable', and dangerous helicopter over flights; to then allege some kind of plain sight "probable cause" is a thinly veiled type of totalitarianism and the direct attack on the fourth amendment protection against unreasonable searches and seizures. This home invasion was unnecessarily conducted, as a simple, preventative, REQUIRED phone call would have saved our privacy, and not wasted time, and taxpayer furnished police recourses on a wild `Cannabis' chase. Relevant to this waste is the West Hawaii Today article the next day explaining that the Hawaii County Police force has 34 unfilled positions and is understaffed. By sending nine officers needlessly and in a noncompliant manner to our home that short staffing was increased by a third. Further this home invasion was facilitated by our cops flying around in helicopters and spying on sick 0 people, folks with enough problems medically that this intrusion can only be viewed as bullies with badges beating up on sick people. It is our hope that those in charge of the police the chain of command and the police commission will value citizens civil rights rather than allowing caviler -cowboy -sky -jockeys free reign to joy ride as some sort of a `pot war Taliban'. Helicopter time for eradication missions has been valued as much as $600 per hour. Would any of you reading this complaint like to personally pay this from your own pocket?? As we all are taxpayers we all already are paying for it. We ask you not only to consider this from the aspect of the referenced laws tmd regulations, but, as is required by our belief system, we must ask you to consider this from the great law of human fairness: whatsoever you would have some one do to you do you likewise to them. Put yourselves in our shoes, would you like your home invaded by nine bulletproof vested individuals, needlessly and illegally; and to be treated with callous disregard of your inalienable religious rights; to be called derogatory terms in ones own home and to have your family member later targeted by these same officers. is that what you want in our home?? If that is not the way you would like to be treated in your own home, then these ofticer� must be disciplined, and the department must be educated to defend our rights rather that: to storm troop over them. Below the notary and included in this complaint are the following attachments • Affidavit of Rev. Dennis D. Shields • Affidavit of Nathaniel V. Shields • Affidavit of Elijah D. Shields • HAWAII POLICE DEPARTMENT RULES AND REGULATIONS GOVERNING INVESTIGATIONS INVOLVING THE MEDICAL AND RELIGIOUS USE OF MARIJUANA • Copy of Sept 15th 2006 search warrant • Mandates of The Religion of Jesus Church • Listing of Inalienable Rights State and Federal • Copy of Sept 19`h Star Bulletin article about the home invasion • Seven Digital photos of intrusive helicopter over flight • Copy of church membership card /, I A 9 Rev. nis� hi s Sharon K. Shields thaniel V. Shtelds Elijah D. Shilet6s 10 Date STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this day of November, 2006, before me appeared Dennis D. Shields, to me personally known, and Sharon K. Shields to me personally known, and Nathaniel V. Shields to me personally known, and Elijah D. Shields to me personally known, who being by me duly sworn, did say that he is Dennis D. Shields, she is Sharon K. Shields he is Nathaniel V. Shields acknowledged said instrument to be the free act and deed of Dennis D. Shields, Sharon K. Shields, Nathaniel V. Shields, Elijah D. Shields. My commission expires: JANUARY 4, 2009 `,NbtlNlllpllryllrr.. � �_ J 1 % * Notary Public, State of Hawaii , * r Helen M. Nagata Pu 11 Affidavit of Rev. Dennis D. Shields On September 10`h or l It", 2006 my son and I hear a helicopter directly overhead. We observed what appeared to be photographic equipment in a military style helicopter, circling our house. It went over houses at a lower elevation for a very short time then it came back, buzzed my house one more time before leaving. On September 15, 2006 About 3PM I hear large vehicles coming up our one lane unpaved farm road. I notice they are marked POLICE. As I am up stairs on the porch, I hear someone shouting hello. I look out in my driveway and there are nine cops, five vehicles, including two, 2 -ton stake bed trucks. Each cop was attired with a bulletproof vest and a side arm with no visible badge or identification. When my son asked them to identify themselves, the reply was that their attire with its HPD logo served as identification. The lead officer, Wayne T. Mitsunaga [he never did introduce himself but did most of the talking] informed me that he had a warrant to search the place. I asked how they got the warrant and he said it was from helicopter over flights identifying Cannabis on my lanai. He said that they knew where they were going by my name on the log at the end of the driveway, however, the warrant did not mention my name only generic instructions of how to get here, [see attached copy of the warrant]. The house next door less than 150 feet from mine fits the description of our home, yet by coming to my home this indicated that they knew where they were coming prior to their arrival. I informed him that we were legal and that there were four registered medical Cannabis card holders at this location. He demanded to see all four cards as I was showing him the 24 plants that we had. This included the 8 mature [less than the 12 allowed] and the 16 vegetative plants for a total of 24 plants, 4 plants below what we are allowed. In reply to his demand to see the cards, I told him that it says right on the card that it is illegal to copy them, and weren't they supposed to call and check the registry before they came. I asked him if he knew the number that they were suppose to call to verify card holders. I began to get my card in response to his request, at which point he told me that I was "not in charge here"' [my own home] and that I was "beginning to piss him off'. I replied that I had no intention of doing anything other than cooperating with him. He said that I seemed to be upset. I replied that having all them here was naturally disturbing. I asked his permission to enter my own kitchen to retrieve my wallet so that I could show him my card. About this time my eldest son Nathaniel, 29, arrived with his card and again I asked why they had not called the registry number [as they should have before wasting all these resources on this home invasion]. I told him although I did not have the other cards I certainly could give him the names of the card holders so that he could check it out. I was told to get a hold of the other card holders. At this point I asked to call my wife so that she could present her card. I had to leave a message on her cell. I then called my middle son Elijah, 25, to ask him to get here to show his card. He was stuck in 5mph, Friday afternoon traffic and was 45 minutes away. At this time I explained to the lead officer that not only was I covered medically but that I was protected religiously. He said but "that is not a law." I replied that oh yes it was it is the First Amendment and State case law referred to as State V Blake and the Religious Freedom Restoration Act, I informed him that I fulfill the requirements of that law. I told him that I had recently talked to the prosecuting attorney on my case [who is currently still a DA here in Kona], who informs me that since our church has mandated the use of Cannabis Sacramentally, that now I have greater Religious rights than I do medical rights in the State of Hawaii. Further I told him I was personally invited by the Governors office for the signing of the Medical Pot law. I informed him that I do not sell I do not distribute, I only have this for myself and my family and please just leave me alone. I then showed him my religion of Jesus Church Card that I had shown in the first home invasion by Hawaii Police in 1994. I directed him to read the back and observed him doing so. The back of our church card reads as follows: "I am a child of God, endowed with personal and inalienable rights and powers revealed by the Declaration of Independence and secured by the Constitution. "The first Amendment and the Religious Freedom Restoration act of 1993 empower the people To Establish Religion and exercise it freely. "As an officer of the law you have the right not to arrest, burden or interfere with my religious use of Cannabis because you have sworn to uphold the US Constitution" After coming back from my plant porch once again, the lead officer began to tell me that the plants needed to be individually labeled with the registered patient's name [this is a lie and my friends John and Ronda were paid 30k for the cops arresting them over this lie last time the cops tried to intimidate patients in Kona, this should have been known by these officers some of whom had participated in that shameful and costly debacle] About this time four other officers followed my son down to his house, the other house on the property about 500 feet away. Shortly thereafter my wife called back to tell me the location of her expired card as her current one was with her; As I sat outside our kitchen, I asked the officers that were watching me if I could go look for her card. I was told to wait, that that would probably not be necessary. As I sat alone with the remaining officers, one of whom was the officer who in 1994 took me into custody for the RFRA case. His comment tome was you have really fixed the place up." About this time they came back from the lower house and informed me that we can't have bubble hash bags to make hash. 2 When I was able to talk to him about this portion of the home invasion several days tatel. he told me that the officers forced him to dismantle his hash bag filtration system and they took a chunk of freshly made hashish between 1 and 2 grams in size. Shortly after they returned from our house below, I asked if we were ok here and after going on about the plant labeling and the hashish, they said we were legal_ About this time the lead officer asked how long I have been in Hawaii. I replied since 1971. He asked, "Dennis, have you always been a hippie?" Because I recognized this use of the word hippie as a pejorative, I responded, that I have always been a long hair. Their responding laughter felt demeaning. He then said in leaving that some folks v ere taking illegal advantage of the medical pot law. I told him I don't sell or distribute Church Sacrament. His response was once again, to tell me that I had to individually label the plants with each patients name and get rid of the hash bags. They left. On their way down they encountered our son, Elijah, who had fought his wa', throuLh traffic and about a half a mile down our one lane coffee road he had to pull oft the road to let all five vehicles pass. He stuck his blue registry card out the window, got Some sarcastic comments from the vehicles that passed. The fifth and last ehicIc stopped with the lead officer in it. He examined Elijah's medical card and v,;0i .i dam.,,' pan expression told him that it was expired and that they were all going to hay,: to back now. As the card he handed them has a 2007 expiration date lie got 1]ustered begtw Lu protest -no way' and they then said they'were only joking' They returned the card to him. Given the forgoing invasive experience my family failed to see the humor of what felt like terrorist threatening from law enforcement. After Nathaniel's arrest Oct 18`ll 2006 I was told by Nathaniel that this Kaci o111�rr!.i.: identified himself as OFFICER WAYNE T MITSUNAGA. Further AfVSla Re%. Dennis Shields Date STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this _�t day of November, 2003, before me appeared Rev. Dennis D. Shield's. t me personally known, who being by me duly sworn, did say that In is Rev. Iuti I �. Shields, acknowledged said instrument to be the flee act and deed of Re U-uni- 1, Shields. My commission expires: JANUARY 4, 2009 Public. State of llw aii t. - Elijah Shields Affidavit It was around four o'clock when my dad gave me a call and told me that the police were at the house and I needed to come up. He asked me how long it would take to get there, I replied about an hour to an hour and a half. He told me to get up there as fast as I could so I rushed up there. I got about % of the way up the road and then my dad called and said they were leaving. I met the officers on their way down. As the first car full of officers was passing me I showed them my card. He told me to show it to the next car of officers. I then showed it to the next car of officers and I showed it to the next car and they told me to show it to the next car and then to the last car. The last car finally stopped and the lead officer took one look at my card and lie said, "Oh, this card is expired we got to turn around." I said, "What! you've got to be joking" The lead officer then said, "oh, oh no, no we're just kidding; and the lead officer told inc that we needed to have ourplantsclearly labeled and numbered by patient and also th:il we could not make hash. I proceeded to tell the officer that I had all the rules and regulations and that not a single one stated that fact. We started to get into a small icii- of an argument over that fact. I told him that it comes down to a court of laNN . That Chet„ coming to our house telling us that we have to label the plants by patient and that we , annot make hash is harassment and that he was reading into the law wrong. He said no that it was me who was reading into the law wrong and that they had gotten a paper from the Narcotic Enforcement Division that said the rules and regulations. I proceeded to tell him that I have never heard or seen such a thing other than the rules and regulations that I iiLc; e. He left telling me that we must comply. further Affiant says not Elijah D. Shields Date STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this - - E day of November, 2006, before me appeared Elijah D. Shields, to me personally known, who being by me duly sworn, did say that he is Elijah D. Shields, acknowledged said instrument to be the free act and deed of Elijah D. Shields. My commission expires: JANUARY 4, 2009 Notary Public, State of Hai, -,. ii Helen M. Nagata Affidavit of Nathaniel Shields I was at my home at 81-1085c Captain Cook Rd Captain Cook Hawaii on Sept. 15"', 2006 in the afternoon heard noise on the road. I came outside and saw a bunch of police vehicles going up the road to my Dn,k house. I ran up to my Dads house. When I got there I was asked to show my medical card. I rail back to my house to get my card out of my wallet. I walked back up to my Dads and showed my card. I asked the police what was going on, they told me that they had flown over the house and saw all the marijuana plants so theyhad come up to take them. My Dad and I both asked if they had hooked to see if this was registered as a medical cannabis grow site before they came, they replied no and that from the ❑Ir you cannot tell that it is. The} searched my Dad's house then asked if I had any plants at my house. I said no and they asked if the could see. 1 took them to my house. When we got to my house they saw my hash making kit, they asked what it was and picked up a ball of hash I had on top of the screen and asked what it was. 1 told them it was hash and that was my hash making kit. I told them I had been making hash when they had collie and what they were seeing was the last stages of hash making. One of the police officers then went over to my bucket, picked up the bucket, took off the scrceu and 0nc11 dumped off the water that was at the bottom. I asked them what they were doing and they told me that I wasn't allowed to have the kit or Ute hash tncy told me that the plants needed to be individually labeled and that they could arca ine b -tit going to. They said they were done searching my place and started to walk back up to my Dads house again. I was �� ondering who these police officers were as none of them had out there Id's or badges. so I asked them for their name and badge numbers. When I asked them for their names and badge numbers as there shirts and vests only displa} ed , i,oG r emblem. They told me that is all they need when they did a raid. W hen I got back up to my Dad's they wrapped things up and left. alio the police left, I went back down to my house and noticed that the hash ball the officer had picked ul was no longer anywhere to be seen. I looked for it for around 20 minutes and never found it. Next time I saw m dad I told him that the hash had been stolen by the cops. Ono t8th I wa gamed in a separate incident by this same officer who identified himself only upuu lir, !lP rOFFtC . AYkE T MITSUNAGA. fiapt s n V. Shiel Date /---q-� SPATE OF HAWAII ) SS: COUNTY OF�jHAWAII ) On this e day of November, 2006, before me. appeared Nathaniel V. Shields, to me persunall known, who being by me duly sworn, did say that he is Nathaniel V. Shields, acknowledged said instrument to be the free act and deed of Nathaniel V. Shields. JANUARY N My commission expires: ,n""""""""", AHy°�9--- a = Notary Public, State of Hawaii }, pUBLfG Search Warrant No. i COUNTY AND STATE OF HAWAII r SEARCH�,WARRANT To the Chief of Police of the County of Hawaii, his, Deputy, or any Police Officer in the County of Hawaii, State of Hawaii, or any Police Officer in the State of Hawaii authorized by law to execute this warrant at the place designated hereinafter. Affidavit(s) having been made before me that the property described herein may be found at the location(s)forth therein and that it falls within the grounds specified said affidavit(s). And as I am satisfied that then is probable cause to believe that the property described herein is being concealed on the premises or person described below and that the foregoing grounds for application for issuance of the search warrant exist. YOU ARE COMMANDED forthwith to SEARCH: The real property located on Captain � oad, District of Kona, County of Hawaii;, more particularly located by traveling south orr i alahoa Highway and executing a left turn'onto Captain Cook Road, travel up Captain CooklRoad 0.3 miles to a fork in the road, execute a left turn and continue another 1.4 mile up Captain Cook Road to a dirt/gravel road; the residence is a brown unpainted two story residence located on the left; consisting of a two story wooden structure, brown unpainted wood in color, having a metal corrugated root; including all attics, basements, rooms, garages, outbuildings, storage sheds, vehicles, garbage cans and containers and to include all real property located within the property boundaries. for the following property: PLEASE REFER TO ATTACHED LIST OF ITEMS TO SEARCH FOR giving to the person from whom or from whose premises the property was taken a copy ui this warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken, and to seize it if found there, and prepare a writtei; inventory of the property seized and return this warrant and inventory before me within ta! days of this date, as required by law. This warrant shall be executed at the time indicated below by an "x,'. X only during the period of time between 6:01 A.M. until 9:59 P.M. at any time of day or night. Dated: Kona, Hawaii X District Court the T ' Circuit Circuit Court of t ird Circuit County and State of Hawaii ITEMS TO SEARCH FOR: 1. MARIJUANA AND MARIJUANA SEEDS; 2. Marijuana paraphernalia used for its ingestion, including pipes, cigarette rolling papers, sifters, alligator clips and bongs including plastic bags, film canisters, scales, and other measuring devices; items use&for cultivation, including marijuana seeds, grow lights, potting soil, containers for planting, chemicals and fertilizers for the stimulation of marijuana growth, pruning and gardening tools; 3. Articles of personal property tending to establish the existence or conspiracy to use, store, sell, cultivate and transport marijuana including personal telephone books, address books, telephone bills, papers and papers containing lists of names, addresses and phone numbers of narcotics customers and suppliers; 4. Any proceeds resulting from marijuana and other illegal drug derivatives sales or transactions, including monies, money orders, cashier's checks, and traveler's checks; and 5. Articles of personal property tending to establish the identity of person(s) in control of the premises, vehicles, storage areas and containers, being searched, including utility company receipts, rent receipts, addressed envelopes, keys, video tapes, and photographs of the defendants(s) and their associates; 6. Firearms and ammunition for said firearms found at or near controlled substances, such as marijuana; Untitled http://www.hialoha.comtkonagokltchumh/sacrament.html IN THE TABERNACLES OF NATURE, GARDENS OF BEAUTY, WHEREVER TWO OR THREE GATHER, BEHOLD HE IS IN OUR MIDST Phone (808) 328-9794 Fax (808)328.9426 Mail P.O. Box 828 Kaawaloa Hawaii, 96704 CANNABIS, A SACRAMENT OF THE RELIGION OF JESUS CHURCH MEMBERS OF THE RELIGION OF JESUS CHURCH ARE MANDATED TO USE CANNABIS SACRAMENT IN WORSHIP PRACTICES BECAUSE WE BELIEVE THAT SACRAMENTAL CANNABIS: I. AMPLIFIES THE WORSHIP OF GOD Sacramental Cannabis augments the worship of God. Nothing is more pleasurable than having a good time worshipping God. Jesus taught that the kingdom of God is within. Sacramental Cannabis helps one find and feel that God within It is your good thought that leads you Godward. Sacramental use of Cannabis generally stimulates thought, evokes questions, and nourishes sacred feelings. Sharing sacrament with others is an exercise of religious freedom which amplifies the worship of God and is protected by the first amendment and federal law pertaining to the restoration of religious freedom. "An experience is good when it heightens the appreciation of beauty, augments the moral will, enhances the discernment of truth, enlarges the capacity to love and serve one's fellows, exalts the spiritual ideals, and unifies the supreme human motives of time with the eternal plans of the indwelling Spirit of God, all of which lead directly to an increased desire to do the Fathees will, thereby fostering the divine passion to find God and to be more like him." (p 1468, The Uramia Book) MEMBERS OF THE RELIGION OF JESUS CHURCH ARE MANDATED TO USE CANNABIS SACRAMENT IN WORSHIP PRACTICES BECAUSE WE BELIEVE THAT SACRAMENTAL CANNABIS: 2. HELPS CULTIVATE PERSONAL EXPERIENCE WITH RELIGION Sacramental Cannabis fosters the religion of personal experience in knowing and doing the will of God and serving the human brotherhood. Such is the religion of Jesus, the Prince of Peace. Many of the founding fathers of the USA cultivated Cannabis for many reasons including sacramental and recreational purposes. They shared that experience with the living spirit of the Prince of Peace within even as we share the Sacrament with Him today when we ingest it. Through his indwelling spirit of truth and idealistic beauty, the Prince of Peace is able to be your personal spiritual life partner showing you the ideal way of living as you tread the pathway of spiritual growth. MEMBERS OF THE RELIGION OF JESUS CHURCH ARE MANDATED TO USE CANNABIS SACRAMENT IN WORSHIP PRACTICES BECAUSE WE BELIEVE THAT SACRAMENTAL CANNABIS: 8. INCREASES SPIRITUAL ELEVATION Sacramental Cannabis augments spiritual revelation during meditation and worship. God answers our prayers by giving us an increased revelation of truth, an enhanced appreciation of beauty, nature, and each other as well as an enhanced feeling of well being. I of 3 07/19/20014:12 PM Untitled ., http://www.hialoha.com/konagold/church/sacrament.html We each have a body, mind, spirit, and soul associated with a personality of self-consciousness and free will. When you feel God, you feel good; and when you feel good, you feel God. To experience this truth is to know great happiness and to know great happiness is to know the truth of God. MEMBERS OF THE RELIGION OF JESUS CHURCH ARE MANDATED TO USE CANNABIS SACRAMENT IN WORSHIP PRACTICES BECAUSE WE BELIEVE THAT SACRAMENTAL CANNABIS: 4. BRINGS MAN TO GOD Curiosity -- spiritual hunger -- crisis -- are sufficient reasons to experience the use of Sacramental Cannabis. There is no substitute for actual personal experience with a good influence that brings man to God and God to man. Many people have been deprived of spiritual experience because our church has been constrained from sharing our sacrament as is our constitutional right. No one has the right to deprive another of liberty the right to love and be loved and the privilege of worshipping God and serving others. It is self-deception which leads intelligent human beings to crave the exercise of power over other human beings for the purpose of depriving these persons of their natural liberties. The golden rule of fairness cries out against all such fraud unfairness and selfishness. No one has the right to deprive another of those privileges of existence conferred by the Creator including their sacraments. MEMBERS OF THE RELIGION OF JESUS CHURCH ARE MANDATED TO USE CANNABIS SACRAMENT IN WORSHIP PRACTICES BECAUSE WE BELIEVE THAT SACRAMENTAL CANNABIS: 5. INCREASES ABILITY TO FEEL THE PRESENCE OF GOD It is not so important we should know about the fact of God as it is we should grow in the ability to feel the Presence of God. Use of Sacramental Cannabis augments an individuals ability to know and feel that presence. There is only one adventure which is more satisfying and thrilling than discovering the will of the living God and that is the experience of doing that Divine will. MEMBERS OF THE RELIGION OF JESUS CHURCH ARE MANDATED TO USE CANNABIS SACRAMENT IN WORSHIP PRACTICES BECAUSE WE BELIEVE THAT SACRAMENTAL CANNABIS: 6. HELPS CONQUER ADDICTION TO TOBACCO AND ALCOHOL Sacramental Cannabis is a benign substitute to those who desire to conquer their addiction to tobacco and/or alcohol. It also serves as an antidote to the mental poisons of fear, anger, envy, jealousy, suspicion and intolerance. 7. CREATES PEACE The hand cultivation of Sacramental Cannabis exerts an ennobling and expanding influence on people. The agriculturist is a peace loving person. A nurturing association with the Sacramental Cannabis plants instills patience, quiet, peace, reverence, meditation, spiritual awareness, enlightenment, awareness of the life force, and personal knowledge of God's ways. There is great therapeutic value in growing your own sacrament when it is done in conscious partnership with God our creator. MEMBERS OF THE RELIGION OF JESUS CHURCH ARE MANDATED TO USE CANNABIS SACRAMENT IN WORSHIP PRACTICES BECAUSE WE BELIEVE THAT SACRAMENTAL CANNABIS: S. HELPS EVOLVE THE SOUL Sacramental Cannabis augments ones faith and contributes to the evolution of one's soul as one communes with the Prince of Peace and with our common Heavenly Father. MEMBERS OF THE RELIGION OF JESUS CHURCH ARE MANDATED TO USE CANNABIS SACRAMENT IN WORSHIP PRACTICES BECAUSE WE BELIEVE THAT SACRAMENTAL CANNABIS: 9. SERVES GOD AS A MEANS OF HEALING 2 of 3 07/19/20014:24 PM Untitled, http://www.hialoha.com/konagold/church/sacrament.html People benefit from utilizing sacramental Cannabis in conjunction with the body/mind healing values of Cannabis. Cannabis Sacrament as medicine/nourishment for the body and the spirit should be available to those who need it for relief from AIDS, glaucoma, nausea from radiation & chemotherapy, stress, muscle spacticity, asthma, loss of appetite. migraine headaches, menstrual related discomforts, and other human maladies. One of the Religion of Jesus Church's Holy duties is to provide the blessing of its Cannabis Sacrament to those suffering and in need of its benevolent blessings. MEMBERS OF THE RELIGION OF JESUS CHURCH ARE MANDATED TO USE CANNABIS SACRAMENT IN WORSHIP PRACTICES BECAUSE WE BELIEVE THAT SACRAMENTAL CANNABIS: 10. ENHANCES SPIRITUAL RECEPTIVITY One's inherent imagination and spiritual receptivity is influenced by growing harvesting and ingesting the Cannabis Sacrament. The bio -electro -neuro -chemical effects of ingestion enhances the interface between mind and spirit and augments spiritual receptivity. The effect maybe likened to what happens to the image in a microscope when a drop of oil is added on an oil immersion lens. It is magnified and amplified to the eye of the beholder. MEMBERS OF THE RELIGION OF JESUS CHURCH ARE MANDATED TO USE CANNABIS SACRAMENT IN WORSHIP PRACTICES BECAUSE WE BELIEVE THAT SACRAMENTAL CANNABIS: 11. IS AN EXERCISE IN ACQUIRING GODLIKE ATTRIBUTES BY SHARING. Sharing Sacramental Cannabis contributes to communion with God and fellowship with others in the spiritual association of the brotherhood of humankind. MEMBERS OF THE RELIGION OF JESUS CHURCH ARE MANDATED TO USE CANNABIS SACRAMENT IN WORSHIP PRACTICES BECAUSE WE BELIEVE THAT SACRAMENTAL CANNABIS: I2. IS A GOOD THOUGHT STIMULATING NEURO -HORMONE The use of Sacramental Cannabis has the effect of a good thought stimulating neuro -hormone on the user. By faith YOU know YOU are sharing it with the indwelling spirit of the Prince of Peace and God the Father. By faith and action You find Your spiritual Your spiritual path. 3 of 3 07/19/20014:24 PM Inalienable Rights State and Federal 1) Hawaii Constitutional Rights a) RIGHTS OF INDIVIDUALS Section 2. All persons are free by nature and are equal in their inherent and inalienable rights. Among these rights are the enjoyment of life, liberty and the pursuit of happiness, and the acquiring and possessing of property. These rights cannot endure unless the people recognize their corresponding obligations and responsibilities i) b) Religious freedom. i) Section 4. No law shall be enacted respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press or the right of the people peaceably to assemble and to petition the government for a redress of grievances. c) Privacy, i) Section 6. The right of the people to privacy is recognized and shall not be infringed without the showing of a compelling state interest. The legislature shall take affirmative steps to implement this right. d) Search and seizure i) Section 7. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches, seizures and invasions of privacy shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized or the communications sought to be intercepted. 2) Federal Constitutional Rights a) first amendment i) Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; forth amendment i) The right of the peope to be secure in their persons, houses, papers, and effects, against unre onable searches and seizures, shall not be violated, and no warrants shall issi, e, but on probable cause, supported by oath or b) affirmation, and par persons or things to c) fifth amendment i) No person shall be 1 unless on a presentr in the land or naval war or public dange be twice put in jeop case to be a witness zlarly describing the place to be searched, and the seized. A to answer for a capital, or otherwise infamous crime, nt or indictment of a grand jury, except in cases arising rces, or in the militia, when in actual service in time of nor shall any person be subject for the same offense to iy of life or limb; nor shall be compelled in any criminal ;ainst himself, nor be deprived of life, liberty, or NI property, without due public use, without j d) ninth amendment i) The enumeration in if to deny or disparage < e) tenth amendment i) The powers not deleg; prohibited by it to the people. f) thirteenth amendment ocess of law; nor shall private property be taken for compensation. of certain rights, shall not be construed retained by the people. to the United States by the Constitution, nor ;s, are reserved to the states respectively, or to the i) Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. g) fourteenth amendment i) Section 1. ii) All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Religious Freedom Restoration Act of 1993 h) RFRA i) § 2000bb. Congressional findings and declaration of purposes ii) (a) Findings iii) The Congress finds that— iv) (1) the framers of the Constitution, recognizing free exercise of religion as an unalienable right, secured its protection in the First Amendment to the Constitution; v) (2) laws "neutral" toward religion may burden religious exercise as surely as laws intended to interfbre with religious exercise; vi) (3) governments should not substantially burden religious exercise without compelling justification; vii)(4) in Employment Division v. Smith, 494 U.S. 872 (1990) the Supreme Court virtually eliminated the requirement that the government justify burdens on religious exercise imposed by laws neutral toward religion; and viii) (5) the compelling interest test as set forth in prior Federal court rulings is a workable test for striking sensible balances between religious liberty and competing prior governmental interests. ix) (b) Purposes x) The purposes of this chapter are— xi) (1) to restore the compelling interest test as set forth in Sherbert v. Verner, 374 U.S. 398 (1963) and Wisconsin v. Yoder, 406 U.S. 205 (1972) and to 4 guarantee its application in all cases where free exercise of religion is substantially burdened; and xii)(2) to provide a claim or defense to persons whose religious exercise is substantially burdened by government. xiii) § 2000bb-1. Free exercise of religion protected xiv) (a) In general xv) Government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability, except as provided in subsection (b) of this section. xvi) (b) Exception xvii) Government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person— xviii) (1) is in furtherance of a compelling governmental interest; and xix) (2) is the least restrictive means of furthering that compelling governmental interest. xx) (c) Judicial relief xxi) A person whose religious exercise has been burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. Standing to assert a claim or defense under this section shall be governed by the general rules of standing under article III of the Constitution. starbulletin.com I News 1 /2006/09/19/ ri Breaking News >> Jones aong of yearfinalsttscoach pot user cites police » Wahine remain No. 12 in volleyball threats poll Back Issues Police search a home on the Big (/996 -Present) Island but make no arrests TIWITIFISISI M By Rod Thompson [aurasoai panes- _. rthomoson(ai1starbulletin.com Directory KAILUA-KONA)> A Big Island religious and Freelancers medical marijuana user, the Rev. Dennis Shields, Classifieds says he was "intimidated and terrorized" by police Newspaper Ads serving a search warrant for marijuana on his South Subscribe Kona property Friday. th> No arrests were made. Police Maj. John Dawrs said B lG courts issue search warrants only when there is probably cause and the only way to see if there is plant has to have an individual's name on it. Dawrs evidence of a crime is to execute the warrant. Is the war in Iraq confirmed that hashish is allowed, and names are winnable? Arrested for marijuana in 1994, Shields argued freedom of religion, saying marijuana was a Sections sacrament in his faith, called the Religion of Jesus. Local News He was convicted on the grounds that marijuana Features was not required in his religion. Since then, his Sports church made it a requirement. Business Shields also holds a state -issued card verifying he is Editorial a medical marijuana user. Travel (Sunday) Corrections The Friday raid followed two recent police helicopter overflights of his property in which 24 marijuana plants were visible on his porch, Shields said. Shields said his wife and two of his grown sons live on the property, and all four hold medical -marijuana Columns cards. Since state law allows seven plants per card Calendars holder, up to 28 plants would be legal, he said. Movies Special Packages When police arrived, they wanted to see the cards of other family members who weren't present, Shields Subscribe said. He told them he had no copies of their cards Newsstands because copying the cards is illegal. Directory Shields told police to call a state registry to verify Freelancers card holders at the property. After apparently doing E -Mail Headlines so outside his hearing, police left, he said. They RSS/XML should have checked before coming, he said. Subscribe They also made incorrect statements about the law, to the Print Editionsa in medical users can't have hashish, and each y g plant has to have an individual's name on it. Dawrs confirmed that hashish is allowed, and names are of 4 http://starbulletin.com/2006/09/19/news/storyl O.html News Alert u Two Kaneohe Marines killed in Iraq Inside I Sep. 19 Hawaii News » Early balloting pleases Senate hopefuls » Officials to appeal Marcos decision » Shorter rail route upsets UH students » Descent into dementia » Repairs begin on decaying Ala Wai pier » Leeward churches unite to march against violence » Feds offer $5,000 reward for church arsonists » Plan moves rare Kauai snail » EPA settles suit over rodent poison » Pot user cites police threats » Tonga falls silent to bury its king » Newswatch, Police/Fire » Kokua Line » Corky's Hawaii » On the Scene » Obituaries » Corrections » Weather Features » Hawaii State Archives: History's home » Chad Rowan biographer to give talk » Da Kine » Honolulu Lite » In the Mix Sports » Wahine lose Thomas for season »'Coach Solomon' hungry to play Ads by Google Ala Moana Hotel Condo Own a hawaiian landmark Redefining resort living www.thealamoan: Aloha Air Ticket Fly first class to Hawaii Convenience and great new look www.alohmirline Car Shionine to Hawaii It's easy to ship your car to Hawaii with Matson. www.matson.com ATA Airlines to Hawaii Always Low Fares & No Service Fee. U.S. Mainland/Honolu Hilo & Maui www.ata.com 11/27/2006 9:31 PM starbulletiq.com I News /2006/09/19/ Classifieds Autos In 2004, John and Rhonda Robison of South Kona Island Homes received $30,000 in settlement of a wrongful -arrest Jobs lawsuit after officers arrested them for not having Government Section names on medical marijuana plants. Bidding Advantage Advertise BACK TO TOP © Honolulu Star -Bulletin -- http://starbulletin.corn 2 ..Fd http://starbuiletin.com/2006/09/19/news/storylO.html » Punahou reigns in both Top 10 volleyball polls » Hawaii Beat » Sidelines » Press Box » Scoreboard » TV & Radio Business » Bank settles in embezzlement case » High costs don't deter Costco from expanding » Makena Resort for sale » Mera Pharmceuticals lost less in third quarter u Business Briefs » Market Watch » WSJ Sunday » Dilbert Editorial » Akaka's stance on Alaskan refuge drilling is misguided » Corky's Editorial Cartoon » Letters Columns I Sep. 19 Corky's Hawaii Corky Trinidad Kokua Line June Watanabe On the Scene John Berger Honolulu Lite Charles Memminger In the Mix Jason Genegabus Sidelines Kalani Simpson Press Box Dave Reardon Editorial Cartoon Corky Trinidad Tools Email this article Printer -friendly E-mail City Desk 11/27/2006 9:31 PM 3 101A, f;1k, A � 1 1 y i i' �1 sl a A/4 �y. t �I.s �Rt- �_'Y ?'a. sX I am a child of God, endowed with personal and inalienable rights andowers revealed by the Declaration of Independence and secured by the Constitution. _ The first Amendment and the Religious Freedom Restoration Act of 1993 empower the people To Establish Religion and exercise it freely. As an officer of the law you have the right not. to arrest, burden or interfere with my religious'use of Cannabis because you have sworn to uphold the US Constitution.